from what I read owning the entrance does not mean that you own the entire cave. I think that is what Cheryl was saying in her post. I would take it to further mean that exploring these areas of the cave without permission or a memorandum of understanding would be trespassing under those federal statutes.
Ron,
Not in Florida and not according to two very prominent law firms, one representing the phosphate industry the other a water bottler. Remember
1. The caves are water filled and there is no overriding water law in Florida once the water is underground as to its navigation.
2. The maps of the caves are the intellectual property of the map maker. Luckily and for the most part that's the CDS.
3. There is no ability on the part of the land owner to mark the passage with a "no trespassing" sign that would meet the requirements of Florida statute.
4. The land owner does not have the right and in fact may be criminally responsible for any willful damage to a cave under his property.
I drove by another supercenter today. The was a restaurant, fast food restaurant. small bank branch, shoe store, video rental and a gas station all in the clutter around it. I wonder how many of those permits were grandfathered by the Wal-Mart permit?
We all know that there is a track record for miners, developers and others who find it easier to pay a hefty fine than to pursue compliance. It is my opinion that the NSS and the CDS have made a great mistake by not putting this matter before an attorney for review for the purpose of preserving our rights as the owners of the cave opening allowing entrance to this system.
Thanks for the support and interest.
/Ken
44262 RL